USCIS Rescinds 2022 Public Charge Rule: New Green Card Standards Take Effect Sep 2026

The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule rescinding the public charge regulation that has governed adjustment of status applications since 2022. Published by the Department of Homeland Security (DHS), the new rule takes effect on September 18, 2026, and restores broader USCIS authority to assess whether an applicant is likely to become a public charge under the Immigration and Nationality Act (INA). The 2022 Biden-era rule had narrowed the scope of public benefits and circumstances that USCIS officers could consider when making public charge determinations. Under the rescinded framework, officers were limited in the factors they could weigh. The new rule removes most of those restrictions, allowing officers to evaluate all relevant facts and circumstances on a case-by-case basis, consistent with the statutory language of the INA. A key procedural change accompanies the policy shift: USCIS will release a revised Form I-485, Application to Register Permanent Residence or Adjust Status. Starting September 18, 2026, USCIS will reject any older editions of the form submitted on or after the effective date, whether filed by mail or electronically. For EB-3 applicants pursuing permanent residence through adjustment of status, this change signals heightened scrutiny of financial self-sufficiency. Officers will have broader latitude to assess an applicant's likelihood of relying on government assistance, making thorough financial documentation more critical than before. Applicants with pending or upcoming I-485 filings should consult with an immigration attorney before September 18, 2026, to ensure compliance with the new standards and to use the updated form version when it becomes available.